WP/27690/2007 of M/s. Paras Goel AND Sons (HUF), Rep. by its Kartha Vs District Collector, on 27 December 2007

ORDER:

Heard learned counsel appearing for the petitioner as wellas the learned Government Pleader for Revenue appearing forthe respondents.

2. Petitioner seeks a writ of mandamus declaring theaction of the 2[nd] respondent in threatening to demolish thestructures erected by the petitioner in Plot Nos.1048, 1088,1089 and 1049 in Sy.No.163, Dhoolapally village & GramPanchayat, Quthbullapura mandal, Rangareddy District, asillegal, and arbitrary.

3. It is the case of the petitioner that he purchased an extentof 1400 sq.yards bearing Plot Nos1048, 1088, 1089 and 1049vide registered sale deeds, dated 06-05-2006, and the said lands are situated in Sy.No.163 ofDhoolapally village & Gram Panchayat, Quthbullapura mandal,Rangareddy District. After purchase of the said land petitionerestablished a Stitching Unit after obtaining permission on 04-12-2006 for construction of structures (sheds). While so, the 2[nd]respondent-Tahsildar, Quthbullapur mandal tried to remove thestitching unit on the ground that the plot purchased by thepetitioner falls within the Full Tank Level of Fox Sagar. It isstated that the petitioner made a representation before the 1[st]respondent-District Collector, Rangareddy District on 13-12-2007 stating that the lands purchased by the petitioner vide plot Nos.1048, 1088, 1089 and 1049 in Sy.No.163 of DhoolapallyGram Panchayat, Quthbullapura mandal are patta lands andthey do not fall under Full Tank Level of Fox Sagar andaccordingly requested to direct the concerned officials not todemolish the stitching unit run by the petitioner.

4. Learned Government Pleader on instructions submitsthat the land in Sy.No.163 is a patta land but the land inSy.No.182 is a Government land and comes within the area ofFull Tank Level of Fox Sagar. He further submits that when thepetitioner made an attempt to encroach upon the Governmentland in Sy.No.182 they have prevented the petitioner.

5. It is always open for the respondents to prevent thepetitioner from encroaching the Government land but if thepetitioner is in possession of the property purchased videregistered sale deed, dated 06-05-2006, respondents cannotinterfere with the peaceful possession and enjoyment of thesame. If there is any dispute regarding the location or identity Iam of the opinion that it is just and proper for the respondents toconduct an enquiry by giving reasonable opportunity to thepetitioner and then take action in accordance with law.

6. Having regard to the facts and circumstances,respondents are directed not to interfere with the peacefulpossession and enjoyment of the petitioner over the landpurchased by him in Sy.Nos.1048, 1088, 1089 and 1049 inSy.No.163 situated at Dhollapally village, Quthbullapura mandaluntil the representation of the petitioner, dated 13-12-2007, filed before the District Collector is considered anddisposed of.

7. Accordingly, Writ Petition is disposed of. No order as to costs.

27[th] December, 2007.Tsy

_________________V.ESWARAIAH,J